A bill to extend the copyright protection period of old recordings up to 144 years is debating in the US Congress



In the US Congress, a new bill aimed at protecting recorded music created before 1972 "CLASSICS Act"Is under consideration. If this bill is approved, the protection period from 1923 to 1972 will be extended until 2067, so some voices have been raised against the bill.

S.2393 - 115th Congress (2017-2018): CLASSICS Act | Congress.gov | Library of Congress
https://www.congress.gov/bill/115th-congress/senate-bill/2393/


US Congress mulls extending copyright yet again - to 144 years • The Register
https://www.theregister.co.uk/2018/05/18/us_congress_copyright_extension/


Pandora·Apple Music·SpotifyWhile music streaming services such as music streaming services are getting more momentum, each copyright management organization in the United States has not been able to respond to streaming distribution of music at present, and on streaming service side and right side sideLitigation occurs over a large amount of royaltiesSometimes. The Music Modernization Act (MMA: Musical Modernization Act) is a law to respond to the modern age where digital streaming of music became mainstream, specifically concretely "collecting fees for using songs on the net, We will create a third-party organization that distributes it to right holders. "


However, the federal copyright law of the United States does not apply to the sound source recorded before February 15, 1972, until now the state law was applied. Therefore, the CLASSICS Act combined with MMA will extend the copyright protection period from 1923 to February 15, 1972 for sound sources until 2067, so that the federal copyright law can be applied.

Originally, in the United States, copyrights will disappear if 70 years have elapsed since the author died. Also, it was enacted in 1998Copyright extension lawBy the end of 1995, the corporate copyright will also disappear. For example, songs published in 1923 will be copyright extinct in 2018 to become public domain, but the application of "CLASSICS Act" extends the copyright protection period up to 144 years It will be.

However, many songs released before 1972 are in a state called "isolated work" which no longer understands the rightful owner, and investigates whom the right of such work is possessed It is quite difficult to get an agreement on licensing fees. However, if you set CLASSICS Acts without solving the problem of 'isolated work', it may be used by a malicious third party, causing a lawsuit seeking huge damages.


Also, since licenses can not be acquired without the capital of large companies such as Pandora and Spotify, if you try to listen to recordings before 1972 by streaming delivery, you must necessarily contract with Pandora or Spotify The bill will give competitiveness to certain companies.

Electronic Frontier FoundationHe is working to persuade Congressional members and is calling attention so that the cultural recordings will not compete by the CLASSICS Acts. Also, an American nonprofit organization related to intellectual property rights policy discussionPublic knowledge"The CLASSICS Acts makes the circumstances surrounding the old recording more complicated without protecting nonprofit users and archives," said a group of more than 40 law professorsAn objection is expresseddoing.

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